Loy Yang B Operations and Maintenance Pty Ltd

Case

[2018] FWCA 7369

4 DECEMBER 2018


[2018] FWCA 7369

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Loy Yang B Operations and Maintenance Pty Ltd

(AG2018/3746)

LOY YANG B ENTERPRISE AGREEMENT 2018

Electrical power industry

DEPUTY PRESIDENT COLMAN

MELBOURNE, 4 DECEMBER 2018

Application for approval of the Loy Yang B Enterprise Agreement 2018.

  1. An application has been made for approval of an enterprise agreement known as the Loy Yang B Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Loy Yang B Operations and Maintenance Pty Ltd. The agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

  1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

  1. The Australian Municipal, Administrative, Clerical and Services Union and the Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers these organisations.

  1. The Agreement was approved on 4 December 2018 and, in accordance with s.54, will operate from 11 December 2018. The nominal expiry date of the Agreement is 1 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE500958  PR702838>

Annexure A

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